fourth season of the walking dead. >> uh huh. so, our folks are doing that, huh? >> yeah, oh, yeah. >> what are you dressing up as tonight? >> a flapper. how about you? >> nice. >> what are you doing? >> i might be mad as a hatter. >> wow! that's going to be great. can't wait to see the pictures. >> happy halloween, everybody. >> "the real story" starts now. i've got to see that, too. anyway, fox news alert, everyone. president obama wrapping up a speech on the economy. hi, everyone, i'm gretchen carlson. welcome to "the real story." the president under fire, though, for his signature accomplishment, speaking in d.c. as he tries to move away from the messy rollout of obama care. >> because you've heard repeatedly today and you will hear, undoubtedly, after i leave this stage, america is open for business. and businesses have responded. you know, after a decade in which many jobs left the united states to go overseas, now we're seeing companies starting to bring jobs back.

>> so, let's take a look at some key economic numbers that seem to be all over the place, quite frankly. the stock market flirting with a week of record highs, despite a lackluster report on retail sales. and gas prices dropping to an average of $3.28 per gallon, down almost a quarter from last year. but milk prices may be about to soar, or sour, depending on how you look at it. joining me now, melissa francis, host of "money with melissa francis" on the fox business network. what do you make of this up-and-down economy we're in right now, some good, some bad? >> there are silver linings some places. you talked about the price of gas. that is one thing that has helped the consumer, so much lower because partly because we're driving less, we have more fuel-efficient cars, we're watching our budgets, so trying to drive less, we're also producing more oil. but overall, if you talk to the average american, it is still very tough out there, and that's why you see retail sales numbers weak because people are worrying about what's happening with obama care, they're not working as much as they'd like to, so

they don't feel free to go out and spend. >> let's talk a little bit about the budget deficit. of course, congress is going to be talking about it soon. in the last fiscal year, it was cut in half, a five-year low. but we're still looking at a debt of $17 trillion. >> absolutely. i mean, you really hit on it, $17 trillion is the only number in there that counts. the ups and downs year to year barely make a dent in that number. i remember when it was $6 trillion and we thought it was a lot. that wasn't very long ago. this $17 trillion number looks insurmountable at this point, and it's making our creditors around the world nervous about lending even more money to us. you know, it puts pressure on our dollar. it's a dangerous thing in the long run. and unless we get real entitlement spending under control, these year-to-year ups and downs are not going to make a big dent in that $17 trillion. >> what about the unemployment rate, 7.2%, two points higher than when president obama took office, but still a lot of people out of work. >> absolutely. you heard the president in that speech that you had at the top. he was saying we've created 7 million jobs, our good companies

have done that. well, there are 8 million people out there right now who work part time out of economic necessity. they need more work in order to make ends meet, but they can't find those jobs, whether because employers are nervous about having full-time workers or because of obama care, you know. there aren't enough good jobs to go around. >> so, does a speech like the one in which the president is giving right now and just wrapping up, does a speech do anything to help the economy? >> it doesn't seem like it. i mean, it doesn't -- what could it do? could it make businesses feel better and stronger so they feel more confident and they want to go out and hire people? probably not because they're looking down the road at uncertain economic conditions, they're wondering what their obligations are going to be under obama care. and frankly, they feel under assault. we talk to small business owners every day on the fox business network, and they feel under assault by the government. so, it's not a time when they're going to make a bold move and go out and expand and hire someone new. you know, they're going to try and make the most with what they already have. so, i don't think it makes a big difference. it doesn't make the average person at home feel like i want

to go out and buy a new pair of jeans, buy an extra toy for my child. so, i don't think so. >> and coming up, we'll see how many people go to the stores. melissa francis, check her out on the fox business network. thank you so much. >> thank you. how long can it go? president obama's job performance, how low can it go, rather? it's been tanking since the obama care rollout and the budget battle. according to a "wall street journal" nbc poll, only 42% of those surveyed approve of his job performance, a new low. 51% disapprove of the job the president's doing. this comes as another poll shows most people are pessimistic about the direction the country is taking than optimistic. new fallout today from kathleen sebelius's testimony on capitol hill, especially when she was asked if the president was ultimately responsible for the disastrous obama care rollout. watch this. >> whatever, yes, he is the president, he is responsible for government programs. >> congressman tim murphy, a republican from pennsylvania, was at the hearing yesterday.

he joins me now. good to see you. >> great to be with you. >> were you satisfied with the answers you received from the questions you asked of the secretary yesterday? >> no, not at all. i asked very specific questions about very real people who got letters saying their health care is cut off and they have to go and find it. one was a very touching letter from a single mom who said i've lost my insurance, and what i'm hearing here is the options i have are far more expensive. you know, it's interesting in the tales of the discussion you just had about what's going to happen to the economy. these are people who are realizing now they're going to pay thousands of dollars more for their health insurance, have much higher deductibles, and those are folks who are going to withhold other spending they'll look at over the next few months, in the holiday season or going into next year, so we'll see other effects going through there. but what secretary sebelius simply said was, well, now they can go into the exchange and find something else. and all this woman wanted was to keep her insurance, and she's being told that if you like your insurance, you can't keep it, and she's hurting. >> well, because it comes with a caveat now. you can keep your insurance as

long as it's one of the plans that the government is putting out. americans weren't aware of that caveat. got to ask you about the president's speech, though, that followed kathleen sebelius yesterday, because it was almost as if he hadn't heard her testify. did you hear the part where he blamed republicans yesterday and said, hey, we just all need to come together on this? your reaction. >> well, i mean, that's absurd. i was waiting for him to blame george bush, too. the typical reaction of this administration when the going gets tough, blame somebody else, don't take responsibility. and even when they apologize, they apologize but in the same sentence blame someone else, and that's what she did. like, i'm sorry that the glitches occurred, i'm sorry that these companies didn't do a good job. that's not what the american people want. and what i'm dedicated to and a lot of my colleagues are dedicated to, it isn't just finding the problems. the problems are obvious. but looking at ways we can change this. you know, if people were able to really keep their plans, we wouldn't have a lot of these problems. it is the old adage that henry ford used to say you can have

any color car you want as long as it's black and now you can have any health care plan you want, as long as it's expense wriv. >> even though we like the color black. but let's talk about the democrats jumping ship, because also yesterday in this speech, the president said we're all together, a big happy family, but not so. you have senator landrieu facing a tough re-election fight. she's actually proposing now that you should be able to keep your health plan, what the president said all along. you have senator joe manchin, democrat west virginia, also proposing legislation. so, is it really the case that the democrats are the one that are jumping ship, not so much the republicans who were already over the other place? >> i think the democrats who can read the writing on the wall, or certainly listen to their constituents and not just continue with the talking points of, you know, fix it, don't nix it, are the ones who are really aware of what's going on here. this idea of just blaming someone else is also prepostero preposterous, too. they're realizing they have to

work together to do something. before they were saying we're not taking republican amendments, we're not going to count your votes or listen to you, but now that their ship is sinking, they want a life preserver and say, look, i want to help save this. there are things we could be doing to fix health care, a lot we could be doing, but at the least, the very thing we could be doing now is say for those who like their plan, let them keep it while we work on other aspects together. >> we'll have to see if that's ultimately what ends up happening. congressman, thank you for your time. >> thank you, gretchen. >> vice president biden weighing in on the obama care rollout as well and all the troubles with the federal website. >> reporter: have you tried these online yourself? >> no. actually, the president tried to get online, and my daughter tried to get online. i did not because it was clear that i wasn't getting online. but it really is -- it's inexcusable. i mean, there's no excuse. we just have to fix it. and so, we've pulled out all the stops and brought in the best people in the country, and we're

assured that it can be done by the end of november. >> hmm. well, it's one of the first times we've heard the vice president actually weigh in on obama care. meantime, hundreds of thousands of people have received letters telling them their policies are being canceled. in oregon alone, 150,000 will lose their insurance by the end of the year. we're told this is because the plans they have don't provide the minimum coverage required by the new health care law. they have until december 15th only to choose a new plan. but oregon runs its own state online exchange, and that is also plagued with glitches, so people can't even find out what their options might be. in fact, until this day, oregon hasn't enrolled one single person. our nations leaders promising to investigate after revelations that the feds have been spying on world leaders for years. so what's at stake for america's reputation and your own personal privacy? and one in six americans now get food stamps. what's behind the first ever across-the-board cut to the

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fox news alert now. federal prosecutor announcing he will take a new look at the mysterious death of a georgia teen. you may remember this story. kendrick johnson's body was found inside a rolled-up gym mat at his high school in january. here's u.s. attorney michael moore. >> there are several questions that must be answered or

confirmed. first, what was the cause of mr. johnson's death? second, was mr. johnson's death the result of a crime? third, if mr. johnson's death was the result of a crime, who committed that crime? >> well, the parents of the 17-year-old insist someone must have killed him. you're watching surveillance video now. this is inside the gym and the school on the day that he died. so, also now, a judge in southern georgia just ordered the release of all of that video that investigators reviewed. johnson's parents say they hope the footage will contain clues as to how he died. remember, they said initially in this case that since he was found up rolled in that gym mat, that he must have somehow suffocated, but now, could this surveillance video paint a much different story? big news today that that federal prosecutor will be looking into it, the u.s. attorney down in georgia, michael moore. just hours after kathleen sebelius took a beating on capitol hill, apologizing for the messy obama care rollout, the president took center stage with a very different attitude,

especially when it came to his repeated promise, now proven not true, that if you liked your insurance, you'd be able to keep it. so, now that hundreds of thousands of americans have been kicked off their plans, who's there to blame? listen to this. >> remember, before the affordable care act, these bad apple insurers had free reign every single year to limit the care that you received or use minor pre-existing conditions to jack up your premiums or bill you into bankruptcy. >> joining me now is simon rosenberg, president and founder and a former clinton campaign adviser, and brad blackman, former assistant to president george w. bush. so, the bad apples. it's not the administration, it's not kathleen sebelius, it's the insurance companies who put together these plans that now are not up to snuff? >> well, what the president said was correct, is that there were in this individual market, which is about 15 million people in it, many of those insurance

plans really don't cover very much at all, and people think they have more protection than they really do. what the aca does is creates a new floor. and in every case where someone's plan is being canceled, they are being offered, you know, a new plan by the same insurer. these are not cancellation in some ways is not really the right term. that plan is being terminated, new plans are being offered and they have options to go on the exchange. >> but you make it sound like it's automatically the exact same plan, and if it was -- >> no, no, i'm not implying that at all. >> if it was, why is it being canceled? >> no, i'm not implying that at all. and people who have individual insurance, about 50% go through new plans every year anyway, so even if there wasn't an aca, 50% of these people would be negotiating new plans with their insurers in any case. i'm not saying that at all. these are different plans. some of these are going to cost more money and provide better benefits, some of them are going to provide better benefits and be less money, but certainly, it's been a shock, and the administration should have done a better job to explain to all

these people that this was going to happen. >> well, you're talking right about the top leader, the president of the united states. >> yep, yep. >> who for the last three years basically lied to the american people. are you admitting that today? >> no, i don't think he lied at all, but i think they should have done a better job to explain -- >> well, i don't know, if it wasn't the president who should have done a better job, then i don't know how he could have changed his story. brad? >> look, this is part of the obama 3d strategy, distort, distract and divide. move away from the promises that were made. the president was very clear when he was running for office. he said if you have insurance, you keep your insurance, period. most americans will find savings, period. you'll be able to keep your doctor, period. those are definitive statements that are now -- it's more than puffery when you're talking about sales pitches. these were firmative promises that the president made that now the american people are finding out are 100% untruthful. >> and even have a democrat like steny hoyer saying there should have been a caveat. in other words, people could

keep their plans as long as they followed obama care regulations and standards. so it all depends on what now the definition of insurance is, simon? >> well, just to be clear, right, this is only going to affect -- i shouldn't say -- this is going to affect several million people. most americans, hundreds of millions of americans, their insurance isn't going to change. it doesn't affect them at all. we've got to be careful not to overstate what's going on here. this was a mistake. the administration made a mistake. they should have been more clear that there were a pool of americans that were going to be adversely affected by what would have happened. i think they blew it on this one and i think they should admit it. >> but simon -- >> yeah, yeah. >> simon, there are tens of millions of americans who are going to be affected. >> no. >> let's not talk only about the people who are going to lose coverage. let's talk about the people whose employers are now dropping. let's talk about the people who are full-time people who are now going to be part-time people -- >> brad, that's all exaggerated right-wing talking points. that's not true. none of that is true, brad. that's not true. >> i think the main thing now is

when a president says something for three years and it turns out that it's not true, i think there's no doubt that that affects the credibility. i don't care if you're the janitor or you're the president of the united states, it affects your credibility. got to move on to the next topic. the first ever across-the-board cut for food stamps comes tomorrow. billions of dollars will be slashed, and that will affect a whole lot of folks because currently, around 47 million americans, one-sixth of the country receive food stamps. that's up from 44 million the year before. and fraud a big concern with usda estimating a whopping $753 million in federal food aid is spent fraudulently each year! brad, are these cuts the right thing to do so that we can root out some of this fraud? >> you bet. and we should not only be looking at food stamps, we should look at every entitlement. fraud, mismanagement and abuse is ripe in america. the fact that obama has people going out selling entitlements in grocery stores is a crime. when is a farm bill not a farm

bill? when 90% of it is for food stamps. this is a national disgrace, it's a scourge, and if anything, it is a statement clear as day as to the obama economy. the fact that so many people are in need? no, it's not a need, it's a dependency when government should be freeing people up and giving them work, and instead, like a drug dealer, they're giving them dependency that they don't need. get them a job. >> simon, does he have a point, that it is a little bit out of line to advertise and encourage people to go on food stamps? >> no. i mean, i think that in a time of struggle, what people expect out of their government is a hand up and an effort to help them and not to pull stuff away from them while they're struggling. and look, this really is a core difference between the two parties about how we see the world. when democrats see people struggling, we want to help. what the republicans have been doing during a time of struggle is taking stuff away from people. >> no, we should only help those who are in need. >> brad, there isn't large-scale fraud and abuse in this program.

there may be in other programs, but not in this program. >> i disagree. >> i just said the numbers were 773 million. 753 million spent fraudulently each year. guys, i've got to go. we could talk forever, but i've got to go. >> that's exaggerated. >> that's according to the usda estimates, the own government estimates. >> yeah, yeah. >> thanks, guys. terrifying night in one city as raging flames keep people endoors. we'll tells you where crews were fighting these fires. and good news for anyone who flies, you and your gadget will get to spend a little more time together. is that always good news? i guess it is when you're on an airplane and you're stuck.

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halloween ngot off to a terrifying start in detroit. firefighters battling several major fires across the city last night. at least two firefighters injured, despite the city's annual angels' night patrols. that's when the police, fire department and volunteer programs started back in the '90s in response to the rash of fires that scorched the city during what used to be called devil's night. well, the friendly skies about to get a whole lot friendlier, i think to many people. the government about to relax safety rules. doug mcelway, now, it has a lot to do with these little devices, right, doug? >> you know it, gretchen. really, the changes we're about to see are not a lot different from what we have right now, but there are a few changes that should make being stuck in that middle seat in coach a little bit more bearable. listen up. >> i'm pleased to announce that airlines can safely expand passenger use of portable electronic devices during all phases of flight. >> the changes will not happen immediately and they will vary

by airline as they adjust their preflight checklists and announcements. but devices such as ereaders, games, e-mails, sending and receiving e-mails can all be done, but they must still be used in airplane mode or with your connection disabled. if the plane has wi-fi and the airline allows it, you may use wi- wi-fi. portable keyboards and bluetooth are acceptable, but heavier devices like a full-sized laptop will have to be stored in overhead bins at least during takeoff and landing. and during a safety briefing, all electronics devices must be put down. still permitted, cell phone calls while in flight. according to the faa, there's a pretty good reason for that. >> the committee found that in some instances of low visibility, about 1% of all flights, some landing systems may not be proven to tolerate the interference. in those cases, passengers may be asked to turn off devices.

we agree with that recognition and our guidance to the airlines reflects that. >> and gretchen, that may be just as well. at altitudes, cell phone towers are out of reach of cell phones and your phone will just eat up battery charge faster as it searches for a tower. airlines for america, the trade association for the nation's airlines, likes these changes. the association for flight attendants has given its tentative approval but wants a little real-life experience with the changes before they give a full endorsement, so we'll see. >> who's going to really turn off the phones during the safety announcement if now you can actually have them on? we did a little survey here, doug. you should do this in the washington bureau, too. turns out that i'm like the only one who actually, for the most part, listened to the rules originally. i think that's just because i'm a white-knuckler flier. but okay, go do a survey for us. maybe you can come back and let us know who was actually following the rules before this. >> the faa police are on route to new york city's right now. >> thank you very much. i'll have them all apprehended. there will be no one to produce the show.

thanks, doug. now is your time to come clean. do you shut down your phone or device on the plane now? tweet me using #therealstory and we will read them the at end of the show. across the wires, who the white house is calling in now for help on the troubled healthcare.gov website. then, an atheist puts a message on a billboard -- enjoy life now: there is no afterlife." why the man behind the sign says it's a legacy to his grandkids. plus, time for halloween, time for trick-or-treat 'but should people of faith take part in the festivities? our religion panel getting ready to weigh in, next.

i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough.

who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there. welcome back, everyone. let's check some headlines for you now. we're keeping an eye on a tornado watch in the lake charles area, louisiana. line of powerful thunderstorms moves through the southwest part of the state now. all you folks down there, be sure to stay safe. nsa leaker edward snowden gets a job! his lawyer now says the fugitive starts tomorrow doing tech support for a major russian website. he still faces espionage charges back here in the u.s. for spilling nsa secrets to the press. iraqi prime minister nuri al maliki set to meet with president obama tomorrow at the white house. topping that agenda, a request for more american weapons, training and manpower to help

fight a bloody resurgence by al qaeda. the request coming two years after iraq forced the u.s. military out of the country. well, the white house announcing new help for the troubled healthcare.gov. chief white house correspondent ed henry live with the story. so, ed, who's the president going to bring in now? >> gretchen, interesting. just breaking, administration officials confirming that they're bringing in experts from three more tech companies to deal with these website problems, which as you know, have persisted this week, even as they say they're getting on top of it. the administration confirming that google, oracle and red hat are now sending in tech experts as well for the so-called tech surge that the administration's been talking about. meanwhile, they're still playing defense, not just on the website problems, but also on this whole question of the president's credibility, selling the law three years ago by saying if you like your plan, you'll be able to keep it. you'll remember, the administration, including the president yesterday in boston when he walked some of that back, still maintained, though, that this only involved a small

segment of the market. he said it was basically 5% of the population who have their own -- pay for their own insurance plans, they're the ones impacted getting cancellation letters. but forbes.com has a report out today suggesting many millions more people may be impacted who have employer-based insurance because of changes in the affordable care act but also because of various market forces. republicans jumping on this to blame the administration in suggesting that many, many more people are going to get cancellation letters while white house spokesman jay carney a few moments ago insisted health care costs are coming down because of the law. take a listen. >> there's a report out this morning from "forbes" that says over 90 million individuals are going to lose their health coverage that they liked and that they had before. that's not to say they won't have access to something, but it's not going to be what they want, it's going to be what the government forces them to buy, and that's just not how our system ought to work. >> fact one, costs have been going up dramatically in health

care for decades, and that has put enormous pressure on american businesses, and that's what brought about a situation where costs for individuals on employer plans were going up and a lot of businesses, especially small businesses, were eliminating health coverage for their employees. and these are problems that the affordable care act was designed to address. >> reporter: so, as the battle rages on, it's clear the president's credibility has taken at least a hit in recent weeks on this. the new nbc news/"wall street journal" poll suggests his approval rating is down to 42%, matching basically what fox news polling has in recent days, an approval rating of just 41%, gretchen. >> ed, thanks for the update. a message from a farmer to his grandkids, raising some religious eyre today, reading "enjoy life now: there is no afterlife." the billboard sponsored by the freedom from religion foundation. time for our faith panel.

rabbi spiro has served in new york and ohio. david silverman, president of american atheists, and bill donohue, president of the catholic league. all right, so david, i'm sure you're going to love the message this grandfather is passing along, his legacy, he says, to his grandkids. >> of course i love the message. it's the truth. every living thing in the universe dies, no matter how much we wish it was not true and the objective of humanity is to live on to the next generation, to pass a good legacy on to your children. the american atheist and atheists everywhere and people everywhere need to live for today because there is no afterlife. take care of your fellow man, because of course, god is not going to do it. >> bill, if you're a christian, bill, you want to live every day to the fullest and be good to your fellow man, right? >> absolutely. >> but you also believe there's a higher life and a higher being that's going to be there when you pass. >> intelligent people normally do. >> oh, you're going to insult my intelligence? >> i don't know how much intelligence to have to insult. >> believing in an invisible man in the sky. >> you have to understand tolerance. i know it doesn't come easy for

atheists. >> lies? >> for my freedom of speech. you had your chance and blew it. >> you insulted me. >> this billboard, i'm not afraid of that. it says they don't know anything. i'm offended by people like him when he exploits christ with a crown of thorns and puts it up in times square at christmastime. i'm offended by the freedom from religion foundation when they put up negative statements at the same property on christmastime. if you want to say you believe in nothing, i would say i know you stand for nothing, you're good for nothing, so we agree. >> it's not about being offended. it's about telling the truth. there is no fantasy -- >> let's see what the truth is according to the rabbi. >> well, i do believe in afterlife. material things die, but the spirit, the soul lives on. it is eternal. but i also believe that god wants us to enjoy and have happiness in this life, not necessarily fun, but happiness, deep fun, deep gratitude. and the way to do this in this world is to elevate the life that you live in. when you eat, you eat with dignity.

other things, you impart sanctity and sacredness to these things, you have an elevated life. and i think also for those of us that are religious, it's important to know that this life is important. we should be politically involved. we should vote for those candidates that represent our values, our wholesome values, american values. >> you think we should vote for -- >> so, this life is important, even though the afterlife, of course, is important as well. >> do you think we should vote for candidates who espouse preferential treatment for religion over nonreligion? >> we should vote for candidates that reflect our values and there are a million -- >> that's not an answer to my question. >> what is your question? >> david, the point of it is, is that one-fifth of the u.s. public and one-third of adults under 30 now are not religiously affiliated. >> right. that's right. >> so i don't know, you may have a point with who they're voting for. >> they're very intelligent. >> almost none of them are atheists, by the way. they're indifferent. they're not like you. >> right. keep the fantasy. >> i want to move on to what today is, halloween. >> yes. >> and believe it or not, there is a religious aspect to this holiday. now bill, some people believe that christians should not

celebrate halloween because why? because there's witches involved? do you agree with that or not? >> no, i don't. i mean, i understand that going back in history, one could make some argument that christians should be concerned. get over it. we live in the united states of america in 2013. let the little kids have their fun. i respect the idea of somebody doesn't want to have their kid go out there and do it, but quite frankly, i think this is h hype ventilating about nothing. >> rabbi, do you think there is any religious con to the holiday of halloween? >> regardless of what the origins were of halloween, today in america, the neighborhood halloween is a very nice thing, it's neighborly. people send their children around and you extend friendship. but what i do object to is people that make halloween a period for things that are ghoulish, gory, bloody, somehow glorifying death and celebrating certain satanic things, and you see that in some of the costumes. so, i would urge parents to minimize that type of display.

>> uh-oh, i think i need to check my son's last two years with you. bloody skeleton last year and headless horseman this year. tell me later. okay, david. >> there's nothing wrong with that. i agree for the most part with my co-panelists here. there's nothing here. a lot of people like to pick fights and some christians, not present company, obviously excluded, like to pick fights when there's not a fight. there's no fight here. and i will say it on the record, with the exception of that last statement, i agree with bill donohue. >> oh, my gosh! >> there is a god! there is a god! >> no, no, we disagree again. we disagree again. i feel much better. >> you both had great statements. rabbi, great to see you as well. thanks, gentlemen. the nsa controversy's sparking new debate over an effort to repair our country's crumbling highway system. we're going to explain how. you love that gadget in your car? and the defendant's daughter takes a stand in the dramatic trial of a doctor accused of murdering his own wife. >> i just don't remember her

saying that she was feeling a little sick. i remember her being up and getting ready for the day. >> but you remembered it on the day of her funeral, right? three days later. and since that time, you have said over and over and over again that your mother was feeling great. there was no problems on april 11th. >> i just don't remember her feeling bad at all. she was feeling great. >> there are a lot of things you don't remember accurately in this case. ... ... ... ... ... ... ... ... [ coughs, sneezes ]

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we believe our customers do their best out there in the world, so we do everything we can to be there for them when they need us. plus, you could save hundreds when you switch -- up to $423. call... today. liberty mutual insurance. responsibility. what's your policy? time for what's getting clicked on the web right now. in what might be a first, a driver in california getting a ticket for wearing google glasses? the woman was pulled over for speeding, then got an additional ticket for the facewear. state highway patrol claims it violates a vehicle code. tennis star martina hingis questioned by swiss police for an alleged assault. her estranged husband says he was attacked by her and her family. and waiting for a last-minute deal on halloween costumes? more than 50,000 searches

reported today. who? come on! who are you? many looking for great options. a string of nsa spying revelations, president obama calling for a full review of federal surveillance programs after reports that the spy agency monitored the cell phone of germallies and world leaderst we're friends with. the senate intelligence committee also vowing to tegt. >> the costumes. you have yours ready to go. >> ready to go. >> all right, so, the nsa and the president now saying they're going to take a step back. your thoughts. >> the nsa is utterly out of control, and either the president doesn't know what they're doing, in which case

he's not in charge of the executive branch, or he's misleading the american public when he said he didn't know they were spying on angela merkel. turns out, they were also tape recording the papal conclave that elected pope francis as pope four months ago. what conceivable national security or intelligence reason would there be for that? >> i know, i saw that, and now the italian newspapers are saying that that is absolutely not true at all, although it was a headline-grabber, because what information could they possibly get out of that? but what do you make of the fact that on one hand, you don't agree with the patriot act, right? >> right. >> but on one hand, you have some politicians who were in favor of the patriot act, but now they say they this has gone way too far. >> the reason it's gone too far, and i understand them. i disagreed with what the patriot act permits because it lets federal agents write their own search warrants and gives an impetus for federal judges to allow the secret surveillance, but the authors of the patriot act never thought it would go as far as it's gone. this is the problem with

government and secrecy. it's a secret court and the reports are only to eight members of congress who are sworn to secrecy, and the president, obviously, is not going to spill the beans unless somebody like snowden forces his hand. government in secrecy does what it wants to do because it's not accountable. >> in the wake of all these nsa spying revelations, debate over an effort to equip cars with little black boxes that are supposed to keep track of your miles, help you calculate fuel tax. but concerns, judge, are what in your mind? >> the government records each one of us. it records how long you're idle it records your miles per gallon. it records whether or not you stop at a stop light. do you really want to get a ticket three years later that says, oh, ms. krarlson, you failed to stop at a stop sign four years ago. >> i got a ticket for going too

fast through a toll booth. i didn't even know they could catch me doing that. others are concerned with the fact that you will now be paying for the amount of time you're driving. is that fair? >> it is not fair, because the government is going to try and sell this to us with the idea that the money that you pay will be used to keep up the roads. that is not true. just like the tax we pay now, the money from the black boxes will go directly to government coffers. the roads will have the same potholes in them they have now. >> thanks. thanks very much. >> and our privacy will be invaded in the process. >> judge, always good to see you. >> pleasure. happy halloween. >> happy halloween to you as well. doctor on trial, accused of killing his wife so he could be with his mistress. explosive, new testimony as another daughter takes the stand. those details next. and a high school assignment drawing major controversy. we'll tell you why some parents are bubbling up in anger. right back. >> i said you're doing what? and after you see the assignment, i think that until it's reviewed, it should be

stopped immediately, and then in the future decide what to do with it.

welcome back. school administrators in colorado taking another look at a homework assignment that has parents furious. underage teens finding out how to brew beer. the fermentation process. and extra credit for visiting the nearby coors factory. the assignment came with a dischairman saying it doesn't promote the use of alcohol, but self parents are not satisfied. the school said, the teaching of fermentation or respiration is taught by teachers. >> high drama in the murder

trial of martin macneill, the utah doctor accused of giving his wife the deadly cocktail of prescription drugs just to be with his mistress. four of his seven daughters taking the stand against him, including another one today, including two former mistresses. trace gallagher has the details. tough keep it straight. >> the medical examiner is on the stand and his testimony is key. the initial caution of death was natural causes brought on by her heart disease. i wasn't until the macneill children pressed the authorities to do a more thorough toxicology report, did they discover that michele macneill could have had a lethal cocktail of drugs in her system that could have exacerbated her heart condition. listen to the medical examiner. >> what was the basis for changing the caught of death? >> essentially it was the --

number one, relooking at the toxicology report, thinking about those findings, and fresh fresh weighing those findings in the face of other investigative information that was provided. >> reporter: the m.e. went on to say it's a possible that michelle macneill also drowned. the oldest daughter finished her testimony today. she is also a doctor and believes her dad overdosed her mom. yesterday she testified that hours before her mother died she was totally normal, getting ready for her day. then the defense played a tape of her at her mom's funeral where she said her mom was feeling sick on the day she died. listen to this exchange. >> i just don't remember her saying that she was feeling a little sick. remember her being up and getting ready for the day. >> but you remembered it on the day of her funeral. right? three days later.

and since that time you have said over and over and over again your mother was feeling great. there was no probable are lemes -- problems on april 11th. >> i just don't remember her feeling bad at all. >> a lot of things you don't remember accurately. >> reporter: alexis summers is the older sister and legal guardian of ada, the younger sister who found her mother in the bathtub. he tonight was not allowed because the judge ruled alexis coached her. the medical examiner after a break should be back on the stand to finish cross-examination. >> how long is this trial expected to continue? >> reporter: could be three more weeks. they thought it was moving at a pretty good pace, but looking at the witness list, looking at at least two, me a three weeks of testimony. >> is so the doctor guilty or innocent? does it matter that five of his

sentence daughters have testified against him. tonight is the night nor trick-or-treaters. a look at some of the best halloween pictures we're getting from you via twitter, and e-mails coming up next.

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welcome back. you can see i changed a little bit. case, i'm from the halloween capital of the world for the last 93 years. hi, everyone, in noka, and lots of you sending in pictures. here's one dressed up as audrey hepburn, andanie, minnie mouse, and jordan, loves angry birds, and then there's jack, the son of our producer, and then baby

reese loves megan but not sure about this bumblebee getup. and my daughter wanted to be a witch, and my son wanted no part. happy halloween, here's shep. >> developing this hour, the hunt for robbers who knocked over an armor out truck this morning. high school football coaches accused over doing anything to win you'll hear the accusations that landed them in trouble with the law. air travel, turn off your kindle or it will crash the plane. nobody every really thought that was real, did they? now the rules of thary are about -- of the air are's to change. how long until they happen? and what is still offlimits. we have answer so let's get to it.